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Hi Matt - no problem. I am currently on a computer that doesn't have Flash installed, so would it be possible for you to e-mail me your SWF file [kirupa.at.kirupa.com].

If not, in a few hours I'll be back on a computer that has Flash, so I can change it then.

:)

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Macaca

12-15 11:54 AM

Hammond Law Firm in Cincinatti is doing my paper work. I like them a lot.

I think I'll try to find a knowledgeable lawyer who's not too snooty. Someone better than my current company's lawyer who happens to think all information to me should be provided only on a need to know basis..I am in Cincinnati Ohio so please recommend if you know any good names..

I also have an approved I140 with my current company ....can it be used to get a 3 year term when the H1 is transferred ? I still have about 2 years left on my original 6 year term..Thankyou

No problems so far, the immigration agent told the American citizen and his 22-year-old Colombian wife at her green card interview in December. After he stapled one of their wedding photos to her application for legal permanent residency, he had just one more question: What was her cellphone number? Skip to next paragraph Enlarge This Image Uli Seit for The New York Times

Isaac R. Baichu, 46, an adjudicator for the United States Citizenship and Immigration Services, was arrested after he met with a green card applicant at the Flagship Restaurant, a diner in Queens. He is charged with coercing oral sex from her. Audio A Secret Recording Enlarge This Image Uli Seit for The New York Times

The Flagship Restaurant, where Mr. Baichu met with a green card applicant.

The calls from the agent started three days later. He hinted, she said, at his power to derail her life and deport her relatives, alluding to a brush she had with the law before her marriage. He summoned her to a private meeting. And at noon on Dec. 21, in a parked car on Queens Boulevard, he named his price � not realizing that she was recording everything on the cellphone in her purse.

�I want sex,� he said on the recording. �One or two times. That�s all. You get your green card. You won�t have to see me anymore.�

She reluctantly agreed to a future meeting. But when she tried to leave his car, he demanded oral sex �now,� to �know that you�re serious.� And despite her protests, she said, he got his way.

The 16-minute recording, which the woman first took to The New York Times and then to the Queens district attorney, suggests the vast power of low-level immigration law enforcers, and a growing desperation on the part of immigrants seeking legal status. The aftermath, which included the arrest of an immigration agent last week, underscores the difficulty and danger of making a complaint, even in the rare case when abuse of power may have been caught on tape.

No one knows how widespread sexual blackmail is, but the case echoes other instances of sexual coercion that have surfaced in recent years, including agents criminally charged in Atlanta, Miami and Santa Ana, Calif. And it raises broader questions about the system�s vulnerability to corruption at a time when millions of noncitizens live in a kind of legal no-man�s land, increasingly fearful of seeking the law�s protection.

The agent arrested last week, Isaac R. Baichu, 46, himself an immigrant from Guyana, handled some 8,000 green card applications during his three years as an adjudicator in the Garden City, N.Y., office of United States Citizenship and Immigration Services, part of the federal Department of Homeland Security. He pleaded not guilty to felony and misdemeanor charges of coercing the young woman to perform oral sex, and of promising to help her secure immigration papers in exchange for further sexual favors. If convicted, he will face up to seven years in prison.

His agency has suspended him with pay, and the inspector general of Homeland Security is reviewing his other cases, a spokesman said Wednesday. Prosecutors, who say they recorded a meeting between Mr. Baichu and the woman on March 11 at which he made similar demands for sex, urge any other victims to come forward.

Money, not sex, is the more common currency of corruption in immigration, but according to Congressional testimony in 2006 by Michael Maxwell, former director of the agency�s internal investigations, more than 3,000 backlogged complaints of employee misconduct had gone uninvestigated for lack of staff, including 528 involving criminal allegations.

The agency says it has tripled its investigative staff since then, and counts only 165 serious complaints pending. But it stopped posting an e-mail address and phone number for such complaints last year, said Jan Lane, chief of security and integrity, because it lacks the staff to cull the thousands of mostly irrelevant messages that resulted. Immigrants, she advised, should report wrongdoing to any law enforcement agency they trust.

The young woman in Queens, whose name is being withheld because the authorities consider her the victim of a sex crime, did not even tell her husband what had happened. Two weeks after the meeting in the car, finding no way to make a confidential complaint to the immigration agency and afraid to go to the police, she and two older female relatives took the recording to The Times.

Reasons to Worry

A slim, shy woman who looks like a teenager, she said she had spent recent months baby-sitting for relatives in Queens, crying over the deaths of her two brothers back in Cali, Colombia, and longing for the right stamp in her passport � one that would let her return to the United States if she visited her family.

She came to the United States on a tourist visa in 2004 and overstayed. When she married an American citizen a year ago, the law allowed her to apply to �adjust� her illegal status. But unless her green card application was approved, she could not visit her parents or her brothers� graves and then legally re-enter the United States. And if her application was denied, she would face deportation.

She had another reason to be fearful, and not only for herself. About 15 months ago, she said, an acquaintance hired her and two female relatives in New York to carry $12,000 in cash to the bank. The three women, all living in the country illegally, were arrested on the street by customs officers apparently acting on a tip in a money-laundering investigation. After determining that the women had no useful information, the officers released them.

But the closed investigation file had showed up in the computer when she applied for a green card, Mr. Baichu told her in December; until he obtained the file and dealt with it, her application would not be approved. If she defied him, she feared, he could summon immigration enforcement agents to take her relatives to detention.

So instead of calling the police, she turned on the video recorder in her cellphone, put the phone in her purse and walked to meet the agent. Two family members said they watched anxiously from their parked car as she disappeared behind the tinted windows of his red Lexus.

�We were worried that the guy would take off, take her away and do something to her,� the woman�s widowed sister-in-law said in Spanish.

As the recorder captured the agent�s words and a lilting Guyanese accent, he laid out his terms in an easy, almost paternal style. He would not ask too much, he said: sex �once or twice,� visits to his home in the Bronx, perhaps a link to other Colombians who needed his help with their immigration problems.

In shaky English, the woman expressed reluctance, and questioned how she could be sure he would keep his word.

�If I do it, it�s like very hard for me, because I have my husband, and I really fall in love with him,� she said.

The agent insisted that she had to trust him. �I wouldn�t ask you to do something for me if I can�t do something for you, right?� he said, and reasoned, �Nobody going to help you for nothing,� noting that she had no money.

He described himself as the single father of a 10-year-old daughter, telling her, �I need love, too,� and predicting, �You will get to like me because I�m a nice guy.�

Repeatedly, she responded �O.K.,� without conviction. At one point he thanked her for showing up, saying, �I know you feel very scared.�

Finally, she tried to leave. �Let me go because I tell my husband I come home,� she said.

His reply, the recording shows, was a blunt demand for oral sex.

�Right now? No!� she protested. �No, no, right now I can�t.�

He insisted, cajoled, even empathized. �I came from a different country, too,� he said. �I got my green card just like you.�

Then, she said, he grabbed her. During the speechless minute that follows on the recording, she said she yielded to his demand out of fear that he would use his authority against her.

How Much Corruption?

The charges against Mr. Baichu, who became a United States citizen in 1991 and earns roughly $50,000 a year, appear to be part of a larger pattern, according to government records and interviews.

Mr. Maxwell, the immigration agency�s former chief investigator, told Congress in 2006 that internal corruption was �rampant,� and that employees faced constant temptations to commit crime.

�It is only a small step from granting a discretionary waiver of an eligibility rule to asking for a favor or taking a bribe in exchange for granting that waiver,� he contended. �Once an employee learns he can get away with low-level corruption and still advance up the ranks, he or she becomes more brazen.�

�Despite our best efforts there are always people ready to use their position for personal gain or personal pleasure,� said Chris Bentley, a spokesman for Citizenship and Immigration Services. �Our responsibility is to ferret them out.�

When the Queens woman came to The Times with her recording on Jan. 3, she was afraid of retaliation from the agent, and uncertain about making a criminal complaint, though she had an appointment the next day at the Queens district attorney�s office.

Mr. Baichu was arrested as he emerged from the diner and headed to his car, wearing much gold and diamond jewelry, prosecutors said. Later released on $15,000 bail, Mr. Baichu referred calls for comment to his lawyer, Sally Attia, who said he did not have authority to grant or deny green card petitions without his supervisor�s approval.

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paskal

08-23 11:19 AM

"Anything that can possibly go wrong Does"

but:

make your best efforts then hope for the best. that is the better line......

what will happen will. no point expecting the worst. good things happen to those that do their best. we make our own destinies...hey i could go on all day...

let's do the needful. come to DC. help with rally preparations if you don't have a local chapter- help organize one. otherwise join your chapter!

once the file has been assigned to an officer and the dates are current? I am just curious.

Just the file being assigned to an officer does not mean adjudication soon.:)

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REQUIRE_GC

07-12 10:47 AM

Thanks a lot for your valuable input.

But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?

Please let me know.

Thanks for all your input in advance.

I do not think # of employee would be an issue for USCIS as long as they are able to pay you decent salary. One of my freind got GC approved with 10 Employee company. The key is Your company's attorney / officer should be able to respond RFE on time

NO We won't do anything. we will jsut browse this site and fight with each other but we have decided to do nothing. We are good at writing but we are better at doing nothing. We have lots of guts and experience in doing nothing and we have deiciced to wait and watch and get our GCs by doing nothing so don't ever hope that we will do something as it is true won't do anything

Obviously using approved labor (or substitute labor) is a shady practice and many desi consulting companies are employing this scam. If they don't share this info with you, you can either: 1) Continue working with this company in the hope they are doing everything by the book and this will all work out OR 2) Go work for a bonfide employer

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lostinbeta

10-21 10:18 PM

Um, I don't know anything about that. I just heard that he left because he wanted to do other stuff.

I am 100% sure , H4 visa holders cannot work in any position which pays them. It is a violation of the visa.

Does that also apply to a case where the person is employed in another country and getting paid there? What about a case where the H4 holder travels to their home country and works for 3 months at a local company and gets paid for it?

Correct me if I am wrong but I would think the rule only applies if you work and earn money in the US.

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anemmani

01-04 01:46 PM

Probably I did not make myself clear . I don't care about any in-state tution or financial assistance .

My question is, is it possible to even file for COS from H4 to F1 after getting F1 denied in India .

Here is the timeline

Nov 2010 - COS from H4 to F1 approved in US. Dec 2010 - Went to india for F1 Stamping and it was denied. Jan 2011 - Came to US on H4 visa .

Now is it possible to apply for COS to F1 again ? . Will the F1 denial in India have any impact on COS to F1 processing ?

nit_sea,

I do not know about the chances of COS to F1 after a previous denial. You will need someone who had a similar experience or an attorney.

I too got RFE on my I-485 but its about Birth Certificate requesting non availability and my 10th and 10+2 mark list. Got the same RFE to my spouse too.

I am with the same employer.

Have they asked for 10th and Highschool certificates?. This is the first time I am hearing on a RFE.

styrum

10-30 03:20 PM

I tried to post a couple of times and they are not getting posted. Does the comments need to be reviewed by some one before they get posted? Is it instantaneous? They are not instantaneous. Mine showed up in an hour for sure.